(By Delegates Boggs and Schadler)
[Introduced January 29, 2008; referred to the

Committee on Roads and Transportation then the
Judiciary.]

A BILL to amend and reenact §17B-2-1a, §17B-2-3a, §17B-2-5,
§17B-2-6, §17B-2-7 and §17B-2-8 of the Code of West Virginia,
1931, as amended,
all relating to the issuance of driver's
licenses; disposition of surrendered licenses; issuance of an
identification card to applicants who possess a valid driver's
license, providing a reduced criminal penalty for violating
the terms and conditions of a level one or level two graduated
driver's license, restricting level one and level two drivers
to operation of passenger vehicles only, defining exceptions
for the use of the address of principle residence, removing an
obsolete provision related to the issuance of a driver's
license without a photo; providing for the use of a passport
in lieu of a birth certificate; requiring an applicant to pay
a fee for the third and subsequent attempt at the written
examination prior to obtaining an instruction permit; and extending the validity of instruction permits from sixty days
to ninety days.

Be it enacted by the Legislature of West Virginia:
That §17B-2-1a, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-7 and
§17B-2-8 of the Code of West Virginia, 1931, as amended, be amended
and reenacted, all to read as follows:

ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.

§17B-2-1a. Surrender of license from other state or jurisdiction
prior to receipt of license from this state;
examination; fees required.
(a) The Division of Motor Vehicles shall not issue a driver's
license to a person who holds a valid license to operate a motor
vehicle issued by another state or jurisdiction unless or until the
applicant shall surrender to the division the foreign license, or
the person has signed and submitted to the division an affidavit to
the effect that the person has surrendered all valid licenses
issued to him or her by other states or jurisdictions. Any
surrendered license issued by any other state or jurisdiction shall
be returned to the division of motor vehicles or similar agency in
that state or jurisdiction together with a noticedestroyed or at
the discretion of the division retained by the division and the
division shall notify the original state of licensure that the
person who surrendered the license has been licensed in this state.
It shall be unlawful for a person to possess more than one valid driver's license at any time.
(b) Every driver shall, within thirty days after taking up
residence in this state, apply to the division for a driver's
license as prescribed in this article. For the purposes of this
chapter the presumption that a natural person is a resident of this
state is based on the provisions of section one-a, article three,
chapter seventeen-a of this code. The division may assign the
driver's license class, type, endorsements or restrictions based on
the applicant's prior licensing status, age and the type of
licensing system used by the state of prior licensing.
(c) All other applicable provisions of this article relating
to issuance, fees, expiration and renewal of licenses, and driver
examination of applicants shall also apply to this section.§17B-2-3a. Graduated driver's licenses.
(a) Any person under the age of eighteen may not operate a
motor vehicle unless he or she has obtained a graduated driver's
license in accordance with the three-level graduated driver's
license system described in the following provisions.
(b) Any person under the age of twenty-one, regardless of
class or level of licensure, who operates a motor vehicle with any
measurable alcohol in his or her system is subject to the
provisions of section two, article five, chapter seventeen-c of
this code and section two, article five-a of said chapter. Any
person under the age of eighteen, regardless of class or licensure level, is subject to the mandatory school attendance provisions of
section eleven, article eight, chapter eighteen of this code.
(c) Level one instruction permit. -- An applicant who is
fifteen years or older meeting all other requirements prescribed in
this code may be issued a level one instruction permit.
(1) Eligibility. -- The division shall not issue a level one
instruction permit unless the applicant:
(A) Presents a completed application, as prescribed by the
provisions of section six of this article, and which is accompanied
by a writing, duly acknowledged, consenting to the issuance of the
graduated driver's license and executed by a parent or guardian
entitled to custody of the applicant;
(B) Presents a certified birth certificatecopy of a birth
certificate issued by a state or other governmental entity
responsible for vital records or a valid and unexpired passport
issued by the United States government, evidencing that the
applicant meets the minimum age requirement and of verifiable
identity;
(C) Passes the vision and written knowledge examination and
completes the driving under the influence awareness program, as
prescribed in section seven of this article;
(D) Presents a current school enrollment form or otherwise
shows compliance with the provisions of section eleven, article
eight, chapter eighteen of this code; and
(E) Pays a fee of five dollars which shall permit the
applicant two attempts at the written knowledge test.
(2) Terms and conditions of instruction permit. -- A level one
instruction permit issued under the provisions of this section is
valid until thirty days after the date the applicant attains the
age of eighteen and is not renewable. However, any permit holder
who allows his or her permit to expire prior to successfully
passing the road skills portion of the driver examination, and who
has not committed any offense which requires the suspension,
revocation or cancellation of the instruction permit, may reapply
for a new instruction permit under the provisions of section six of
this article. The division shall immediately revoke the permit
upon receipt of a second conviction for a moving violation of
traffic regulations and laws of the road or violation of the terms
and conditions of a level one instruction permit, which convictions
have become final unless a greater penalty is required by this
section or any other provision of this code. Any person whose
instruction permit has been revoked is disqualified from retesting
for a period of ninety days. However, after the expiration of
ninety days, the person may retest if otherwise eligible. In
addition to all other provisions of this code for which a driver's
license may be restricted, suspended, revoked or canceled, the
holder of a level one instruction permit may only operate a Class
A motor vehicle as defined in chapter seventeen-a, article ten, section one of this code under the following conditions:
(A) Under the direct supervision of a licensed driver,
twenty-one years of age or older, or a driver's education or
driving school instructor who is acting in an official capacity as
an instructor, who is fully alert and unimpaired, and the only
other occupant of the front seat. The vehicle may be operated with
no more than two additional passengers, unless the passengers are
family members;
(B) Between the hours of five a.m. and eleven p.m.;
(C) All occupants must use safety belts in accordance with the
provisions of section forty-nine, article fifteen, chapter
seventeen-c of this code;
(D) Without any measurable blood alcohol content, in
accordance with the provisions of subsection (h), section two,
article five, chapter seventeen-c of this code; and
(E) Maintains current school enrollment or otherwise shows
compliance with the provisions of section eleven, article eight,
chapter eighteen of this code.
(F) A holder of a level one instruction permit who is under
the age of eighteen years may not use a wireless communication
device while operating a motor vehicle, unless the use of the
wireless communication device is for contacting a 911 system. A
law-enforcement officer may enforce the provisions of this
paragraph only as a secondary action when a law-enforcement officer with probable cause detains a driver for a suspected violation of
another provision of this code. A person violating the provisions
of this paragraph is guilty of a misdemeanor and, upon conviction
thereof, shall for the first offense be fined twenty-five dollars;
for a second offense be fined fifty dollars; and for a third or
subsequent offense be fined seventy-five dollars.
(d) Level two intermediate driver's license. -- An applicant
sixteen years of age or older, meeting all other requirements of
the code, may be issued a level two intermediate driver's license.
(1) Eligibility. -- The division shall not issue a level two
intermediate driver's license unless the applicant:
(A) Presents a completed application as prescribed in section
six of this article;
(B) Has held the level one instruction permit conviction-free
for the one hundred eighty days immediately preceding the date of
application for a level two intermediate license;
(C) Has completed either a driver's education course approved
by the State Department of Education or thirty hours of
behind-the-wheel driving experience certified by a parent or legal
guardian or other responsible adult over the age of twenty-one as
indicated on the form prescribed by the division: Provided, That
nothing in this paragraph shall be construed to require any school
or any county board of education to provide any particular number
of driver's education courses or to provide driver's education training to any student;
(D) Presents a current school enrollment form or otherwise
shows compliance with the provisions of section eleven, article
eight, chapter eighteen of this code;
(E) Passes the road skills examination as prescribed by
section seven of this article; and
(F) Pays a fee of five dollars.
(2) Terms and conditions of a level two intermediate driver's
license. -- A level two intermediate driver's license issued under
the provisions of this section shall expire thirty days after the
applicant attains the age of eighteen, or until the licensee
qualifies for a level three full Class E license, whichever comes
first. In addition to all other provisions of this code for which
a driver's license may be restricted, suspended, revoked or
canceled, the holder of a level two intermediate driver's license
may only operate a Class A motor vehicle as defined in chapter
seventeen-a, article ten, section one of this code under the
following conditions:
(A) Unsupervised between the hours of five a.m. and eleven
p.m.;
(B) Only under the direct supervision of a licensed driver,
age twenty-one years or older, between the hours of eleven p.m.
and five a.m. except when the licensee is going to or returning
from:
(i) Lawful employment;
(ii) A school-sanctioned activity;
(iii) A religious event; or
(iv) An emergency situation that requires the licensee to
operate a motor vehicle to prevent bodily injury or death of
another;
(C) All occupants shall use safety belts in accordance with
the provisions of section forty-nine, article fifteen, chapter
seventeen-c of this code;
(D) Operates the vehicle with no more than three passengers
under the age of nineteen, unless the passengers are family
members, in addition to the driver;
(E) Without any measurable blood alcohol content in accordance
with the provisions of subsection (h), section two, article five,
chapter seventeen-c of this code;
(F) Maintains current school enrollment or otherwise shows
compliance with the provisions of section eleven, article eight,
chapter eighteen of this code;
(G) A holder of a level two intermediate driver's license who
is under the age of eighteen years may not use a wireless
communication device while operating a motor vehicle, unless the
use of the wireless communication device is for contacting a 911
system. A law-enforcement officer may enforce the provisions of
this paragraph only as a secondary action when a law-enforcement officer with probable cause detains a driver for a suspected
violation of another provision of this code. A person violating
the provisions of this paragraph is guilty of a misdemeanor and,
upon conviction thereof, shall for the first offense be fined
twenty-five dollars; for a second offense be fined fifty dollars;
and for a third or subsequent offense be fined seventy-five
dollars.
(H) Upon the first conviction for a moving traffic violation
or a violation of paragraph (A), (B), (C), (D) or (G), subdivision
(1), subsection (d) of this section of the terms and conditions of
a level two intermediate driver's license, the licensee shall
enroll in an approved driver improvement program unless a greater
penalty is required by this section or by any other provision of
this code.At the discretion of the commissioner, completion of an
approved driver improvement program may be used to negate the
effect of a minor traffic violation as defined by the commissioner
against the one year conviction-free driving criteria for early
eligibility for a level three driver's license; and
(I) Upon the second conviction for a moving traffic violation
or a violation of the terms and conditions of the level two
intermediate driver's license, the licensee's privilege to operate
a motor vehicle shall be revoked or suspended for the applicable
statutory period or until the licensee's eighteenth birthday, whichever is longer unless a greater penalty is required by this
section or any other provision of this code. Any person whose
driver's license has been revoked as a level two intermediate
driver, upon reaching the age of eighteen years and if otherwise
eligible may reapply for an instruction permit, then a driver's
license in accordance with the provisions of sections five, six and
seven of this article.
(e) Level three, full Class E license. -- The level three
license is valid until the day designated by the commissioner of
the month in which the licensee attains the age of twenty-one
thirty days after the date the licensee attains his or her
twenty-first birthday. Unless otherwise provided in this section
or any other section of this code, the holder of a level three full
Class E license is subject to the same terms and conditions as the
holder of a regular Class E driver's license.
A level two intermediate licensee whose privilege to operate
a motor vehicle has not been suspended, revoked or otherwise
canceled and who meets all other requirements of the code may be
issued a level three full Class E license without further
examination or road skills testing if the licensee:
(1) Has reached the age of seventeen years; and
(A) Presents a completed application as prescribed by the
provisions of section six of this article;
(B) Has held the level two intermediate license conviction free for the twelve-month period immediately preceding the date of
the application;
(C) Has completed any driver improvement program required
under paragraph (G), subdivision (2), subsection (d) of this
section; and
(D) Pays a fee of two dollars and fifty cents for each year
the license is valid. An additional fee of fifty cents shall be
collected to be deposited in the Combined Voter Registration and
Driver's Licensing Fund established in section twelve, article two,
chapter three of this code; or
(2) Reaches the age of eighteen years; and
(A) Presents a completed application as prescribed by the
provisions of section six of this article; and
(B) Pays a fee of two dollars and fifty cents for each year
the license is valid. An additional fee of fifty cents shall be
collected to be deposited in the Combined Voter Registration and
Driver's Licensing Fund established in section twelve, article two,
chapter three of this code.(f) A person violating the provisions of the terms and
conditions of a level one or level two intermediate driver's
license, is guilty of a misdemeanor and, upon conviction thereof,
shall for the first offense be fined twenty-five dollars; for a
second offense be fined fifty dollars; and for a third or
subsequent offense be fined seventy-five dollars.

§17B-2-5. Qualifications, issuance and fee for instruction
permits.

(a) Any person who is at least fifteen years of age may apply
to the division for an instruction permit. However, any person
who has not attained the age of eighteen shall comply with the
provisions of section three-a of this article. The division may,
in its discretion, after the applicant has successfully passed all
parts of the examination other than the road skills test, issue to
the applicant an instruction permit which entitles the applicant
while having the permit in his or her immediate possession to drive
a motor vehicle upon the public highways when accompanied by a
licensed driver of at least twenty-one years of age, a driver's
education or driving school instructor that is acting in an
official capacity as an instructor, who is alert and unimpaired or
a certified division license examiner acting in an official
capacity as an examiner, who is occupying a seat beside the driver.
(1) Any instruction permit issued to a person under the age
of eighteen years shall be issued in accordance with the provisions
of section three-a of this article.
(2) Any permit issued to a person who has reached the age of
eighteen years is valid for a period of sixtyninety days and may
be renewed within a period of sixty days without reexamination for
an additional period of sixty days or a new permit issued. The fee
for the instruction permit is fourfive dollars, one dollar of which shall be paid into the state treasury and credited to the
state road fund, and the other three dollars of which shall be paid
into the state treasury and credited to the general fund to be
appropriated to the state police for application in the enforcement
of the road law.
(b) Any person sixteen years of age or older may apply to the
division for a motorcycle instruction permit. On and after the
first day of January, two thousand one, anyAny person under the
age of eighteen must have first completed the requirements for a
level two intermediate driver's license set forth in paragraphs
(B), (C) and (D), subdivision (1), subsection (j), section three-a
of this article, junior driver's license or driver's license before
or a Class E driver's license being eligible for a motorcycle
instruction permit.
The division may, in its discretion, after the applicant has
successfully passed all parts of the motorcycle examination other
than the driving test, and presented documentation of compliance
with the provisions of section eleven, article eight, chapter
eighteen of this code, if applicable, issue to the applicant an
instruction permit which entitles the applicant while having the
permit in his or her immediate possession to drive a motorcycle
upon the public streets or highways for a period of ninety days,
during the daylight hours between sunrise and sunset only. No
holder of a motorcycle instruction permit shall operate a motorcycle while carrying any passenger on the vehicle.
A motorcycle instruction permit is not renewable, but a
qualified applicant may apply for a new permit. The fee for a
motorcycle instruction permit is five dollars, which shall be paid
into a special fund in the state treasury known as the motorcycle
license examination fund as established in section seven-c, article
two of this chaptermotor vehicle fees fund.

(a) Every application for an instruction permit or for a
driver's license shall be made upon a form furnished by the
division. Every application shall be accompanied by the proper fee
and payment of the fee shall entitle an applicant under the age of
eighteen to not more than two attempts at the written test or not
more than three attempts to pass the road skills test. An
applicant age eighteen years or older is entitled to not more than
two attempts at the written test or not more than three attempts to
pass the road skills test within a period of sixtyninety days from
the date of issuance of the instruction permit. An applicant who
fails either the written test or the road skills test may not be
tested twice within a period of one week.
(b) Any applicant who has not been previously licensed must
hold an instruction permit for a minimum of thirty days. For the
purposes of this section, the term "previously licensed" means an applicant who has obtained at least a level twoone graduated
license or junior driver's license issued under the provisions of
this article or has obtained an equal or greater level of licensure
if previously licensed in another state.
(c) Every said application shall state the full legal name,
date of birth, sex, and residence address of principle residence of
the applicant and mailing address, if different and briefly
describe the applicant and shall state whether the applicant has
theretofore been a licensed driver and, if so, when, and by what
state or country and whether any such license has ever been
suspended or revoked within the five years next preceding the date
of application, or whether an application has ever been refused
and, if so, the date of and reason for the suspension, revocation
or refusal, whether the applicant desires a notation on the
driver's license indicating that the applicant is aan organ donor,
in accordance with article one-b of this chapter, a diabetic, deaf,
or hard of hearing, or has any other handicap or disability and
such other pertinent information as the commissioner may require.§17B-2-7. Examination of applicants.
(a) Upon the presentment of the applicant's birth certificate,
or a certified copy of the birth certificate issued by a state or
other governmental entity responsible for vital records or a valid
and unexpired passport issued by the United States government, as
evidence that the applicant is of lawful age and verifiable identity, the Division of Motor Vehicles shall examine every
applicant for a license to operate a motor vehicle in this state,
except as otherwise provided in this section. The examination
shall include a test of the applicant's eyesight, the applicant's
ability to read and understand highway signs regulating, warning,
and directing traffic, the applicant's knowledge of the traffic
laws of this state, and the applicant's knowledge of the effects of
alcohol upon persons and the dangers of driving a motor vehicle
under the influence of alcohol. The examination shall also include
an actual demonstration of ability to exercise ordinary and
reasonable control in the operation of a motor vehicle, and any
further physical and mental examination as the Division of Motor
Vehicles considers necessary to determine the applicant's fitness
to operate a motor vehicle safely upon the highways.
(b) The commissioner shall propose legislative rules for
promulgation in accordance with the provisions of article three,
chapter twenty-nine-a of this code concerning the examination of
applicants for licenses and the qualifications required of
applicants, and the examination of applicants by the division shall
be in accordance with the rules. The rules shall provide for the
viewing of educational material or films on the medical,
biological, and psychological effects of alcohol upon persons, the
dangers of driving a motor vehicle while under the influence of
alcohol and the criminal penalties and administrative sanctions for alcohol and drug related motor vehicle violations.
(c) After successful completion of the examination required
by this section, section three-a, or section seven-b of this
article, and prior to the issuance of a license pursuant to the
provisions of section eight of this article, every applicant for a
driver's license, junior driver's license, graduated driver's
license, or motorcycle-only license shall attend a mandatory
education class on the dangers and social consequences of driving
a motor vehicle while under the influence of alcohol. To the
extent practicable, the commissioner shall use as lecturers at
those classes persons who can relate first-hand experiences as
victims or family members of victims of alcohol-related accidents
or drivers who have been involved in alcohol-related accidents
which caused serious bodily injury or death.§17B-2-8. Issuance and contents of licenses; fees.
(a) The division shall, upon payment of the required fee,
issue to every applicant qualifying therefor a driver's license,
which shall indicate the type or general class or classes of
vehicle or vehicles the licensee may operate in accordance with
this chapter or chapter seventeen-e of this code, or
motorcycle-only license. Each license shall contain a coded number
assigned to the licensee, the full legal name, date of birth,
residence address of principle residence, or at the discretion of
the commissioner, mailing address, a brief description and a color photograph of the licensee and either a facsimile of the signature
of the licensee or a space upon which the signature of the licensee
shall be written with pen and ink immediately upon receipt of the
license. No license is valid until it has been so signed by the
licensee. Provided, that the commissioner may issue upon proper
documentation, a duplicate or renewed valid without-photo license
for resident applicants temporarily out of state.(b) A driver's license which is valid for operation of a
motorcycle shall contain a motorcycle endorsement.(c) The division shall use such process or processes in the
issuance of licenses that will, insofar as possible, prevent any
alteration, counterfeiting, duplication, reproduction, forging or
modification of, or the superimposition of a photograph on, the
license.(b)(d) The fee for the issuance of a Class E driver's license
is two dollars and fifty cents per year for each year the license
is issued to be valid. The fee for issuance of a Class D driver's
license is six dollars and twenty-five cents per year for each year
the license is issued to be valid. An additional fee of fifty
cents shall be collected from the applicant at the time of original
issuance or each renewal and the additional fee shall be deposited
in the "combined voter registration and driver's licensing fund,"
established pursuant to the provisions of section twelve, article
two, chapter three of this code. The additional fee for adding a motorcycle endorsement to a driver's license is one dollar per year
for each year the license is issued.(e) The fee for issuance of a motorcycle-only license is two
dollars and fifty cents for each year for which the motorcycle
license is to be valid. The fees for the motorcycle endorsement or
motorcycle-only license shall be paid into a special fund in the
State Treasury known as the Motorcycle Safety Fund as established
in section seven, article one-d of this chapter.(c)(f)On or after the first day of January, two thousand
one, theThe fee for the issuance of either the level one or level
two graduated driver's license as prescribed in section three-a of
this article is five dollars.(g) The division may use an address on the face of the license
other than the applicant's address of principal residence if:
(1) The applicant is enrolled in a state address
confidentiality program or the alcohol test and lock program;
(2) The applicant's address is entitled to be suppressed under
a state or federal law or suppressed by a court order;
(3) The division determines that the applicant has no fixed or
post office recognized designated address of principal residence
and must utilize another address; or(4) At the discretion of the commissioner, the applicant's
address must be suppressed to provide security for classes of
applicants such as law-enforcement officials, protected witnesses and members of the state and federal judicial systems.(h)Notwithstanding any other provision of this code to the
contrary, the division may issue an identification card to an
applicant who possesses a valid driver's license issued by this
state.

NOTE: The purpose of this bill is to eliminate the requirement
to send surrendered driver's licenses back to the original state of
licensure. The bill would require applicants for an instruction
permit to pay for additional attempts to successfully pass the
written test, provide for a specific penalty for violating the
terms of conditions of the level one or level two driver's license,
provide exceptions to the use of the address of principal
residence, increase the period that the instruction permit is
issued, restricts GDL level 1 or 2 drivers to operation of
passenger vehicles, provides for a criminal penalty for violation
of the terms and conditions of a GDL license, allows the use of a
United States passport in lieu of a certified copy of a birth
certificate, allows the division to issue an identification card if
the applicant has a driver's license and makes other technical
changes to standardize definitions.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.